Dáil Éireann Debate, Thursday - 7 December 2017
230. Deputy Catherine Connolly asked the Minister for Children and Youth Affairs her views on the recent statement by the chief executive of Tusla that supervision orders are not being used due to the fact the legislation is inadequate and does not give social workers sufficient powers; and if she will make a statement on the matter. [52491/17]
Amharc ar fhreagraThe spirit and philosophy underpinning the Child Care Act 1991 is that, where possible, families and children should be supported to enable the child be brought up within their family. A Supervision Order is a tool utilised to protect the welfare of a child without removing the child from the family home. It is less intrusive and in keeping with the constitutional imperative of minimalist intervention by the State in the life of the child within the family unit.
The criteria for the granting of a Supervision Order are less stringent than a Care Order. Section 19(1) of the Child Care Act 1991 requires only that the court be satisfied that there are reasonable grounds rather than establishing a prima facie case of harm.
Under a Supervision Order the parent retains exclusive parental authority. The Supervision Order allows the social worker to see the child in the home, however there is no authority to direct a parent to undertake parenting or other courses. In the event of present or imminent risk to the child, Tusla does not have the power under the Supervision Order to remove the child from the home. I understand that as part of the review of the Child Care Act 1991 Tusla will look for greater powers to be provided so that greater use can be made of Supervision Orders rather than Care Orders.
